Employment, Section 1717: Defendant Winning Independent Contractor Determination Against Real Estate Agent Under Labor Commissioner And De Novo Superior Court Action Was Entitled To $72,519.03 In Fees

Fees Were Justified Based On Broad Contractual Fees Clause.

            In Peng v. F.M. Tarbell Co., Case No. B307484 (2d Dist., Div. 2 May 27, 2021) (unpublished), a plaintiff—a licensed real estate agent—lost a fight on whether he was an employee, versus an independent contractor, both at a Labor Commissioner and a superior court de novo level.  The problem for plaintiff was that there was a broad contractual fees clause in an independent contractor agreement which encompassed “any action, proceeding, or arbitration” between plaintiff and Tarbell “arising from or related to the agreement.”  The lower court awarded Tarbell contractual fees of $72,519.03, the full ask.  (Of interest, plaintiff was disputing $20,168.01 in unpaid wages under Labor Code provisions.)  The fee award was affirmed based on the broad contractual fees clause.